Represented by two lawyers, EFJA accused the Ministry of Justice of usurping its power when it banned EFJA leadership, established its own version of executive committee, tapped it to take over the former without the powers of any general assembly from known members of the free press association.

It is this government action which EFJA debates is illegal that a phony group of non-EFJA members has been formed by the Ministry with the sole objective to dismantle the authentic Ethiopian Free Press Journalists Association.

The Justice Ministry's right is only to register legal associations, and but has empowered itself to impose a ban on an executive committee formed by the General Assembly of the Journalists Association.

The Ethiopian Free Journalist Association, has been allowed to perform its activities, as a local Civic association since March 13, 2000 by receiving its license with no. 493. The plaintiffs have been elected to lead the association by the general assembly and in accordance with the articles of association and the law.

The duration and term, of term of their office and responsibility is prolonged by the decision of general assembly.

The association's executive committee has fulfilled, from time to time, what is required by the office of associations registration. In particular, it has submitted performance report, 1 page account statement, 3pages meeting minutes and 4 pages list of the members names with the covering letter of EFJA 0/80/95 written on June 18, 2003.

For the request of the office of associations registration that the association's account to be inspected by the external auditors, the association has recruited the auditors and up on preparation to appoint them by the general assembly;

1.1 The Ministry of Justice; by its letter written on October 9, 2004 with ref, no. 11/1333/S on the ground that the management of the association of association registration" doesn't full fill the legal duties imposed on it and the decision given by the office"; has given an injunction against the management of the association that it not to deal with other third parties in the name of the association; and not to operate the account of the same. 1.2 Further, the Ministry of Justice by its letter written on December 2, 2004 with Ref. No. 11/2/5 has given a decision of suspending the plaintiffs, the members of the executive committee of the association, who are elected duly by the general assembly from their leadership member as of the issuance of the letter " as per article 14 of associations registration office rule No. 321/1959 EC."

The justification given by the ministry of justice for the injunction is that "the leadership is not willing to elect and appoint the auditor, and though an order is given to it to discuss the problems observed between the leadership and the members, the leaders are not willing to carry out this; and, they is not willing to perform the repeated orders of the controlling office; by disregarding the power of the office.

1.3 Without knowing the problems of the association, and despite the fact that those leaders who have been elected by the general assembly are not dismissed from their power by the general assembly, the Ministry of Justice by organizing and convoking the "General assembly" including those who are not known as members, has made elected new management and the committee members on January 18, 2004. This has been publicized by the governmental media: For instance W/ro Tigist Behailu and Ato Getachew Tegegn who are among the those whose name are publicized, are not the members of EFJA.

This law suit is submitted to object this unlawful and un procedural decision of the Ministry of Justice.

2. Grounds to say that the action of the defendant are unlawful:

2.1 The defendant is an executive branch of the government that is vested with the powers and duties it performs. Pursuant to article 23/9 of proclamation 4/87 EC. the power vested to it is only making registration and it doesn't have controlling and canceling power. Had the legislator intended to give the power of controlling and canceling; it would have stipulated as it has clearly put it in article 23/12 of this proclamation; that the Ministry of Justice shall "issue license to the attorneys who can make litigation before the Federal Courts, control in the case of the associations licence as it has the power in the attorney's case.

2.2 If the defendant is said to have power to control, suspend and cancel, and if at all the defendant is said to have the power to suspend the plaintiff in accordance with article 14 of proclamation 321/1959 E.C, the measure taken is not taken in accordance with the procedure stipulated under the invoked article;

2.2. Based on article 14/1 of proclamation No. 321/1959 E.C 10(ten) members of the association or if they are less them this 10 (ten) members of the association hadn't requested the leadership to convoke the general meeting and thus, their request was not rejected or

2.2.1 If it is said that the plaintiffs were asked, it is not ascertained that whether the plaintiffs have carried out their obligations as it is put in the memorandum of association or law.

Thus pursuant to article 14 without performing the preliminary measures that ought to be observed, the law invoked by the defendant as its support for its measure, is inappropriate, and unlawful.

2.2.2 In accordance with article 16 of proclamation No. 321/1959 E.C it is stipulated that an appeal can be lodged to the Ministry, against the measure taken by the office of association registration. Within the meaning of this article the Ministry is expected to examine the case and render the decision with notifying the case in writing.

The Minister of the Ministry of Justice has not given a decision on the 5 pages appeal written on December 5, 2004 and submitted to him requesting the reversal of the injunction decision passed on the plaintiffs who are suspended from their powers and duties. This contravenes our right of presenting a petition and the right to be heard.

2.3 Whereas, the general assembly convoked by the Ministry of Justice on January 23, 2004 and which is said to make an election of the management and audit committee members;

2.4.1 Whereas; the management elected previously by the general assembly is only said to be suspended till the case is examined; and even though it is not said that it is dismissed; the new management is elected;

2.4.2 While the appeal presented to the Ministry is pending, this decision is given;

2.4.3 The General assembly which elects individuals who are not the members of EFJA as leader of our association is an illegal general assembly.

3. The judgement required

For the legal reasons mentioned here in above, the consecutive measures taken by the Ministry of Justice are not in accordance with the law and procedure 50;

To reverse the injunction passed on the association and its legal leaders by the Ministry of Justice.

3.2 We here by request that for the decision passed by the general assembly convoked by the Ministry of Justice on January 18, 2004 is not in accordance with the article of association of the EFJA and the law; that this decision to be said reversed; and that a decision to be given for us to the effect that the election of the leaders of the association to be done in the presence of the members who has the right to elect and s to be elected by the majority vote of the general assembly.

We here by confirm that this pleading is true.

On behalf of the plaintiffs

Signed

Titer Signed

Seleshi Ketsela Titer

Consultant and attorney at law Derbew Temesgen